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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination No 5: Learnerships

27. Contract of employment


(1) A contract of employment concluded between an employer and a learner in terms of section 18(2) of the Act must:
(a) be in writing and be signed by the employer and the learner;
(b) be concluded when the learner commences employment; and
(c) to the extent appropriate, contain the following particulars—
(i) the full name and address of the employer;
(ii) the name of the learner and the learnership;
(iii) the place of work, and, where the learner is required or permitted to work at various places, an indication of this;
(iv) the date on which the employment began;
(v) the learner's ordinary hours of work and days of work,including the time that the learner is required to spend in study periods or theoretical learning sessions with the training provider;
(vi) the learner's allowance or the rate and method of calculating the allowance;
(vii) the rate of pay for overtime work;
(viii) any other cash payments that the learner is entitled to;
(ix) any payment in kind that the learner is entitled to and the value of the payment in kind;
(x) how frequently remuneration will be paid;
(xi) any deductions to be made from the learner's remuneration;
(xii) the leave to which the learner is entitled;
(xiii) the date when employment is to terminate;
(xiv) a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the learner where a copy of each may be obtained.


(2) The leaner must be supplied with a copy of the contract of employment.


(3) When any matter listed in subclause (1) changes:
(a) the contract of employment must be revised to reflect the change;
(b) the employer and the learner must initial the change; and
(c) the learner must be supplied with a copy of the contract reflecting the change.


(4) If a learner is not able to understand the written contract, the employer must ensure that it is explained to the learner in a language and in a manner that the learner understands.


(5) A contract of employment in terms of this clause must be kept by the employer for a period of three years after the termination of the learnership.